Bonum Certa Men Certa

It Certainly Looks Like Microsoft is Already Siccing Its Patent Trolls, Including Intellectual Ventures, on Companies That Use Linux (Until They Pay 'Protection' Money)

The patent strategy of Bill, Steve and Horacio seems to be alive and well even in their absence

Ballmer on patents
Full, 6-frame explanation of Microsoft's strategy



“People that use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to compensate us.”

--Steve Ballmer



Summary: News about Intellectual Ventures and Finjan Holdings (Microsoft-funded patent trolls) reinforces our allegations -- not mere suspicions anymore -- that Microsoft would 'punish' companies that are not paying subscription fees (hosting) or royalties (patent tax) to Microsoft and are thus in some sense 'indebted' to Microsoft

THE analysis we presented here last month turns out to be very accurate. Our predictions didn't take long to materialise.



Let's start with some background. In spite of courts in the US limiting the patentability of software, the USPTO keeps granting these and failing to invalidate those already granted, unless someone petitions PTAB to look into particular patents. This means that, for the time being, even bogus patents continue to exist and they can be used for litigation. Challenging them, especially if they are used in bulk, can be very expensive (legal fees). Recently, some companies challenged Intellectual Ventures' claims against them and won. All of the software patents of Intellectual Ventures were found to be invalid. But at what cost? These cases had to be escalated all the way up to CAFC before that happened. How many companies out there can afford justice and how rarely would that be an option cheaper than just settling?

"How many companies out there can afford justice and how rarely would that be an option cheaper than just settling?"Nowadays, a lot of small companies choose the so-called 'cloud' for hosting. There are numerous reasons for this and they don't typically receive legal protections or indemnification from the host. There have already been cases where companies got hit with a lawsuit (or more) for a bunch of virtual machines.

This new article by Richard Kemp, providing a good example of what we mean by cloudwashing of software patents (adding something like "on the cloud", in order to fool examiners into granting software patents, thinking these are novel and combined with a machine).

"Cloud software patent claims will likely increase as more users migrate to the cloud," it says in the summary, alluding in particular sections about trolls to this phenomenon. Here are the relevant parts:

As the public cloud services market continues to mature and grow – up from $178bn in 2015 to $209bn in 2016 according to research company Gartner - the concentration of computing resources into cloud data centres is increasingly attracting the attention of Non-Practising Entities (NPEs) as a target for patent litigation. At a time when data security and privacy risks are front of mind for cloud service providers (CSPs) and their users, the intellectual property (IP) risks to cloud service availability posed by NPE patent claims are rising up the business agenda.

NPEs are businesses that assert patents through litigation to achieve revenues from alleged infringers without practising or commercialising the technology covered by the patents they hold. NPEs are uniquely well placed to monetise their patents at each stage of the litigation cycle. They have access to capital and all necessary forensic and legal resources; and an NPE doesn’t practise its patents so is immune to a counterclaim that a defendant might otherwise be able to bring against a competitor, or a cross-licence that the defendant could otherwise offer.

[...]

From the CSP’s standpoint all this is bad enough, but software patent risks are further exacerbated by increasing use of open source software (OSS) in the cloud. OSS, long in the mainstream, now commonly powers cloud computing systems. OSS developments are created by communities of individual developers. With no single holder of software rights, patent infringement issues are unlikely to be top of mind, and if they are, developers will generally lack the resources to help them navigate the risks. Simply because they are open, OSS developments and communities are easier targets for NPEs than proprietary software as they don’t need to go to the same lengths to discover potential infringement. The softness of the target increases risk for CSPs using OSS and their users.

Cloud software patent risk is evident and growing, so it is perhaps surprising that it has figured so little in the register of perceived risks up to now, especially when data protection, privacy and information security figure so high. Yet an unsettled cloud software patent claim runs risks to cloud service availability that are arguably of the same order as information security risks. The reason why cloud computing IP risks have had little public airing so far is probably that, while implicitly acknowledged, they have yet to be thoroughly expressed and articulated. For example, in UK financial services, now one of the most heavily regulated sectors, cloud computing is treated as outsourcing and in its cloud guidance, the FCA (Financial Conduct Authority, the UK regulator) states that regulated firms should, amongst other things: “monitor concentration risk and consider what action it would take if the provider failed ….”



How does that relate to Microsoft? Now comes the key part. Microsoft is trying to turn Azure into its new cash cow and it is also trying to turn its patents into cash cows. It's now doing in the cars what it's planning to do in the 'cloud', namely demand payments for patents (where [GNU/]Linux is used), otherwise send a bunch of trolls to make a legal mess. The Mafia model.

"It's now doing in the cars what it's planning to do in the 'cloud', namely demand payments for patents (where [GNU/]Linux is used), otherwise send a bunch of trolls to make a legal mess. The Mafia model."The other day we wrote about what Microsoft and its biggest troll (Intellectual Ventures) had been doing lately, having recently written about Microsoft marketing of "Azure IP Advantage" [1, 2, 3, 4, 5, 6, 7] -- eerily similar in many ways to the Microsoft-Novell patent deal.

It looks like Microsoft is already siccing its patent trolls on companies that don't pay 'protection' money, we noted, and now it looks like we have another new example, as covered yesterday by friends of Intellectual Ventures, IAM magazine. To quote the relevant bits:

The auto industry has been a hive of patent activity for several years. Manufacturers and suppliers are far more sophisticated players in terms of their own patenting, have become more assertive in fighting claims and are increasingly signing-up to defensive initiatives such as the LOT Network and Unified Patents. The emerging dynamics in the sector were on full display in two separate developments this week.

First up, on Monday, Intellectual Ventures filed seven lawsuits in Delaware against Toyota, Honda and BMW, and the suppliers Denso, Nidec, Aisin Seiki and Mitsuba. Each has been accused of infringing between one and five patents. IV has been attempting to license the auto sector for several years and in a significant boost to its efforts did a deal with Ford in 2015. Obviously not everyone in the industry has been as willing as Ford, hence this week's move.

[...]

On Wednesday Microsoft announced that it had agreed a new patent licensing deal with Toyota that includes broad coverage for connected car technologies. That deal, the software giant says, is the first in its new auto licensing programme; and so we can presumably expect some similar announcements in the coming months. The deal release was light on details, but the two companies have an existing IP relationship thanks to Microsoft’s recent Azure IP Advantage initiative, which Toyota was quick to sign up to. What will be interesting to follow is how any upcoming deals are structured given that Microsoft’s recent focus has been on using its IP as leverage in getting more of its products onto devices rather than as a driver of licensing dollars.

The Japanese car giant is clearly looking to ensure it has freedom to operate in a rapidly changing market. That strategy, so far, has not included signing a licence with IV — which Microsoft was an early investor in — but the Delaware lawsuit might bring things to a head.


The Microsoft-Toyota patent deal was mentioned here the other day. We later said that Microsoft is using software patents against GNU/Linux and relies on secrecy around what's covered (Android, file systems, etc.); for those who don't yet know, Toyota was historically close to Microsoft, but it recently defected to the Linux camp. Microsoft can't be too happy about that. Here are three items from the news:



That third one is particularly noteworthy as Daimler may be looking for some sort of protection though OIN -- a protection that will not come for reasons we explained some days ago. There's no redemption from trolls there, by OIN's own admission. OIN has in fact done nothing against Microsoft's latest patent manoeuvres against Linux. Nothing.

"Our prediction is that in various fields, be it security, car navigation, or anything "on a cloud" Microsoft will send trolls to wreak havoc unless/until the victims join some Microsoft 'protection' scheme such as "Azure IP Advantage"."To clarify, Intellectual Ventures is not the only Microsoft-connected troll which is storming and suing companies that Microsoft dislikes, particularly Linux distributors (e.g. devices). There are a lot of Microsoft-armed and Microsoft-funded trolls out there (we've named many over the years). Last night in the news for example, we saw this patent troll which is connected to Microsoft (even financed by it) settling with Avast. Based on the wording, it's maybe a settlement or 'protection' money (they don't say), but the text does say "Finjan remains, in various capacities, involved in patent-associated cases against FireEye, Sophos, Symantec, Palo Alto Networks, Blue Coat Systems, ESET (and affiliates) and Cisco Systems."

Finjan is a troll (as last mentioned earlier this year) and it seems to be going after every security company out there, equipped with nothing but software patents which we looked at closely in the past. Our prediction is that in various fields, be it security, car navigation, or anything "on a cloud" Microsoft will send trolls to wreak havoc unless/until the victims join some Microsoft 'protection' scheme such as "Azure IP Advantage".

Recent Techrights' Posts

Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026